The current legislation itself refers to Section 13 of the Summary Offences Act 1966 (VIC) in which it a criminal act and can have a maximum of 8 penalty units applied (approximately $1,289.52 in Victoria) for “any person found drunk in a public place”.

Within the Summary Offences Act 1966 (VIC), a person is deemed to be “drunk” if an ordinary person believes them to be, through their speech, coordination and/or other behaviour. So, in other words, a subjective review of their behaviour in public places is required to make an assessment.

The revisions of the law in no-way seek to make it acceptable to be overtly drunk in public, but it is taking into account the societal norms of being so, or doing so, many times to help an individual get back home or to a place for them to rest safely.

In addition, the abolition of the law is not to make it ‘less safe’ for people to be out in public, with an expert reference group being established by the Victorian government to provide advice about the decriminalisation and development of alternative ‘health-based approaches’ to the issues with the existing legislation.

By no means does this mean that the Victorian police will be any more lenient with you or people you know should you be drunk and disorderly in public. They will still have the right to remove and detain people should they be acting in a way that is dangerous to themselves or to the public.

The reforms work to stop the situation and providing a meaningful and reformative approach for individuals, rather than locking people up.

If you or anyone you know needs any more information in regard to the changes in this, or any other law, or have been charged by the Police and have an upcoming court appearance please get in touch with me.

SHANE MCCLURE

An intellectually rebellious Australian lawyer up to date with the law and confident in providing quality legal services to individuals, and companies. Court appearances, and mediation, and a passion for excellence.